Shivani Gadhavi –
Published on: November 27, 2021 at 19: 56 IST
On 26 November 2021, the Karnataka Government framed rules under the Juvenile Justice (Care and Protection of Children) Act, 2015 to provide procedure for counselling and inquiry that the Child Welfare Committee has to follow under Cases of surrender of children by parents or guardians.
In an order passed by the Karnataka High Court Bench of Justices B. Veerappa and K. S. Hemalakha on 19th August, 2021; the Karnataka Government was ordered by the Bench to take steps on the rule making power which help in the formation of a procedure, provided under Section 110(2) of Juvenile Justice (Care and Protection of Children) Act, 2015.
The Karnataka High Court in the aforementioned order stated, “We may note here that the state government has not exercised rule-making power under section 110. However, Juvenile Justice Model rules have been framed by the Central government. In the absence of state rules in view of the proviso to sub section 1 of section 110, CWC is under obligation to follow model rules.”
The Karnataka High Court Bench further brought it to the State Government’s attention and noted, “It is a well settled proposition of law that a writ of mandamus cannot be issued against the legislature to legislate in a particular manner. Well recognized exception to the said rule is that if it is found that a particular statute or provision becomes unworkable in absence of exercise of rulemaking power, a writ court can issue a writ of mandamus enjoining the authority to make rules. By using this small and well recognized exception, we propose to direct the state to exercise rule making power.”
The State Government of Karnataka circulated the copy of Courts Order in all Child Welfare Committees.
Case title: Letzkit Foundation v. The State of Karnataka, WP 10092/2021